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Cacapit contacted Eric Janzen (Code compliance Officer—Able Maintenance, Inca and verbally recanted the PTO he signed. Mr. Cacapit based his objection on Able Maintenance's decision to install all 4 dispensers without frame adapters. Mr. Janzen attempted to explain the justification for this decision and, during the course of this conversation; Mr. Cacapit extended his objection to include all four dispensers at this property and to a separate property for which Able Maintenance has proposed (and obtained a permit)a similar scope of work. Able Maintenance is formally appealing Mr. Cacapit's decision regarding 2 of the dispenser(Advantage B79) installations performed at 2448 West Kettleman Lane, Lodi. These dispensers were installed in accordance with standard industry practice and meet all the requirements for secondary containment without a dispenser frame adapter. It is our opinion and the opinion of S. Bravo Systems (see attached letter) that the addition of a dispenser frame adapter would not provide a benefit to either structure or containment. In regards to the remaining dispensers, we disagree with Mr. Cacapit's objection but will comply with his requirement. We are working with Shields & Harper to provide the appropriate Bravo frame adapter for these (Encore 300) dispensers. Project Background: Able Maintenance installed 4 new dispensers at the Tesoro owned Shell Service Station #68153. The UDC's at this site are all Bravo shallow pan model #2365. Two of these pans received Gilbarco Advantage B79 3+0 dispensers, the remaining two pans received Gilbarco Encore 300 NL1 3+1 dispensers. Since all 4 dispensers had a similar footprint to the Gilbarco Advantage B05 they replaced, all 4 dispensers were installed on the existing UDC's without frame adapters. Custom steel angle brackets equipped with an integral steel "cap" were used to install the Encore dispensers. Aris Cacapit performed the final inspection on April 15th, approved the installation of all 4 dispensers and issued the Permit to Operate. Upon the inspector's return to the office, he called Able Maintenance and verbally recanted his approval on the grounds that the Encore 300 dispensers were larger that the dispenser they replaced and must be installed with a State approved frame adapter. During the course of his communication with Eric Janzen (Able Maintenance), Mr. Cacapit extended his objection to include all four dispensers at this property and indicated that this requirement would be extended to a proposed project located in Lockeford, CA. Mr. Janzen had multiple conversations with Mr. Cacapit over the following week in which multiple options for dispenser attachment were discussed, considered and rejected. Mr. Janzen also asked that Mr. Cacapit provide written direction regarding his decision. Mr. Cacapit, at the direction of his supervisor(again, Mr. Cacapit did not identify the supervisor), refused to put his decision in writing. S. Bravo Systems has provided a letter(attached)describing their professional opinion regarding the installation of Advantage B79 dispensers on Bravo#2365 dispenser pans. Also attached are copies of the State approval for the Bravo Frame Adapter and the final inspection report signed by Aris Cacapit. Eric Janzen Able Maintenance, Inc. From: Jonathan Smith [mailto:jon@sbravo.com] Sent: Friday, April 22, 2011 2:08 PM To: Eric Janzen Cc: Rod Brownlee; dmukai@sbravo.com; gracie@sbravo.com Subject: RE: Tesoro Service Station #68153 -Job# 533911 Hello Eric, Upon review of the Conversion Frame Order Form submitted for your jobsite,we have determined that this dispenser upgrade from a Gilbarco Advantage B05 to an Advantage B79 does not require the use of a Bravo Dispenser Conversion Frame. Please find attached our official letterhead regarding our Conversion Frames, and the approval letter for these products provided by the California SWRCB—Division of Water Quality. [ Jonathan E. Smith ] Director, IT& Brand Management